Summary: We will not investigate this complaint about the content of a Section 7 report and the social workers involved with the complainant’s family. This is because we cannot consider complaints about matters that were or could reasonably have been raised in court.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about the content of a Section 7 report. Ms X says the report was completed and then amended. Ms X says the report is inaccurate and based on lies. Ms X is also unhappy with the conduct of the social workers involved with her family. Ms X says they lied in court and used information without Ms X’s consent.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not start an investigation into Ms X’s complaint.
9. Under Section 7 of the Children Act 1989, a court may ask a council to provide a report about the welfare of any child who is the subject of court proceedings.
10. The law prevents the Ombudsman from considering what happens in court. A Section 7 report is produced at the request of a court and for use in court. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.
11. The Section 7 report Ms X is unhappy with has been discussed in court. There was the opportunity to challenge the content of the report during the hearing. Ms X’s complaint is not one we can consider.
12. Ms X also complains in general about the social workers involved with her family. But her concerns are intrinsically linked to the Section 7 report and cannot be separated.
13. Social Work England is the regulatory body for social workers in England. It is open to Ms X to contact it with any general concerns she has about the social workers involved with her family and their fitness to practice.
14. Ms X is also concerned with how the Council dealt with her complaint. But we will not look at complaint handling as a standalone issue, and the complaint relates to a matter which is itself outside our jurisdiction. This is not an issue we will consider.

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Final decision

15. We will not investigate Ms X’s complaint because we cannot consider complaints about matters that were or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman